On November 28, 2001 a jury recommended the death penalty for Nelson, and on March 11, 2002, a federal judge imposed the death penalty. On March 16, 2002, Marvin Gabrion was sentenced to death for a 1997 murder in Michigan's Manistee National Forest.

(Source: Federal Capital Habeas Project.) Because of different definitions of what constitutes being "on death row," some organizations such as the Federal Death Penalty Resource Counsel or the Bureau of Justice Statistics may have a slightly different list of those currently under federal sentence of death. *** States in bold have abolished the death penalty. The Fifth Circuit reversed the sentences for both defendants and one of the two capital convictions for each defendant. The Eleventh Circuit upheld the district court's ruling in August 2005. Paul was sentenced to death in June 1997 for the robbery-murder of a retired National Parks employee on federal land in Arkansas. However, in September 2004, the 8th Circuit conducted a rehearing en banc of the earlier decision and reinstated Allen's death sentence. A federal jury in Waco, TX, convicted the two in June 2000, of carjacking and the murder of an Iowa couple visiting central Texas. Vialva was 19-years-old at the time of his arrest, and Bernard was 18.

Because of different definitions of what constitutes being "on death row," some organizations such as the Federal Death Penalty Resource Counsel, Federal Capital Habeas Project, or the Bureau of Justice Statistics, may have a slightly different list of those on death row. Tipton, Johnson, and Roane were members of an inner-city gang in Richmond, VA. The court ordered a new sentencing hearing for both defendants. The United States Court of Appeals for the Eighth Circuit upheld his conviction and death sentence in 2000. Supreme Court vacated Allen's death sentence and remanded the case back to the Eighth Circuit for reconsideration in light of the Court's ruling in Ring v. Because his federal indictment did not include the aggravating factors necessary to support his death sentence, the 8th Circuit said Allen's sentence should be reduced to life in prison. Four younger teen-agers have also pled guilty to federal charges relating to the crime. Higgs was convicted in October 2000 of ordering the 1996 murder of three Maryland women after arguing with one of them in his apartment.

This indicates that the defendant has received a verdict of death from the jury, but the judge has not yet issued a formal sentence. Hall and Webster were charged in Fort Worth, Texas with the abduction, sexual assault, and beating murder of a 16-year-old black female. A co-defendant, Paul Hardy, also black, was the triggerman in the killing. Court of Appeals for the Eleventh Circuit upheld his conviction and death sentence in 1999.

In the federal system, the judge is obliged to follow a unanimous jury recommendation. Hardy was also sentenced to death on two convictions in May 1996. Battle, a federal prisoner with a history of psychiatric problems, was sentenced to death in March 1997 for the murder of a guard in the federal penitentiary in Atlanta, Georgia. A Georgia federal district court subsequently rejected a challenge to Battle's mental competency and denied his petition for a writ of habeas corpus. Holder was sentenced to death by a jury on April 3, 1998.

(Savannah Morning News, November 8, 2003)Wesley Purkey — White.

A jury recommended that Purkey be sentneced to death for the 1998 kidnapping, rape, and murder of a Kansas City, Missouri, teen.

Sampson is only the second federal case tried in Massachusetts since the federal government reinstated the federal death penalty in 1988. Wolf sentenced Sampson to death, but ordered that the execution be carried out in New Hampshire, which has not carried out an execution since 1939. Judge Wolf overturned Sampson's sentence because a juror had made significant misrepresentations during voir dire. The judge is required to follow the jury recommendation.

(Atlanta Journal-Constitution, March 11, 2004)Black. On March 24, 2004 a jury recommended a death sentence for Alfred Bourgeois for the 2002 murder of his daughter at the Corpus Christi Naval Air Station in Texas, based in part on the testimony of a prisoner housed with Bourgeois. His death sentence was overturned by the trial judge (e-mail from Diane Menashe, Counsel for Daryl Lawrence, on July 3, 2007).

The judge is required to follow the jury's sentencing recommendation. That decision was reversed by the 6th Circuit in 2009, reinstating his death sentence. Convicted on August 30, 2006, of the murder of a college student, Dru Sjodin.

(Department of Justice Press Release, March 24, 2004) Black. Sjodin was kidnapped from North Dakota and her body was found in Minnesota.

Lee was convicted along with Chevie Kehoe in a plot to set up a whites-only nation in the Pacific Northwest.